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2024 Supreme(Online)(KER) 1035

HIGH COURT OF KERALA
Murali Purushothaman, J
BIJU.P.S – Appellant
Versus
THE SUB REGISTRAR – Respondent


JUDGMENT

According to the petitioner, the 3rd respondent had borrowed Rs.23,00,000/- from the petitioner for his share trading business. Due to the failure on the part of the 3rd respondent to repay the amount as agreed, the petitioner approached the Taluk Legal Service Committee, Chavakkad and based on a compromise between the parties, Ext. P1 award dated 14.05.2015 was passed in the Pre-litigation petition P.L.P. No. 531/2015. As per Ext.P1, the 3rd respondent was required to repay the amount along with damages. However, the 3rd respondent failed to fulfill the said obligation and the petitioner filed E.P. No. 55/2015 before the Sub Court Thrissur for execution of Ext. P1 award. Consequently, the Court conducted an auction and the petitioner purchased the property.

2. The petitioner states that the 3rd respondent attempted to stall the confirmation of sale by all means, and various Execution Appeals and Execution First Appeal were filed at the instance of the 3rd respondent. However, all the appeals were dismissed by the Courts and the executing Court issued Ext. P3 sale certificate dated 30.09.2016 to the petitioner. Accordingly, the property was delivered to the petitioner. Howe

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